1 / 16

Prompt Payment Requirements for Airports Reporting

Learn about prompt payment regulations impacting small businesses in DBE program with compliance specialists. Understand how to track, monitor, and report subcontractor complaints as outlined in FAA guidance.

mconant
Download Presentation

Prompt Payment Requirements for Airports Reporting

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Prompt Payment Requirements for Airports Reporting Presented by: Ofelia Medina, DBE/ACDBE Compliance Specialist Central Region & Thomas Knox, DBE/ACDBE Compliance Specialist New England Region DBE Academy January 25 – 27, 2016 Presented by: Alexander Horton & Thomas Knox DBE/ACDBE Compliance Specialists July 16, 2019

  2. Why are we talking about Prompt Payment? • Prompt Payment remains a compliance priority • Prompt Payment complements the purpose and intent of the DBE program • FAST Act re-emphasizes role of Prompt Payment in DBE program • OIG Audit of FAA’s DBE Program - Year Two • FAA Reauthorization Act of 2018 creates Prompt Payment complaint reporting requirements • Prompt Payment affects all small businesses, including DBEs

  3. Prompt Payment – DBE Program Requirements • Update DBE Program to reflect current rule and guidance • Contract clause requiring primes to pay subcontractors no more than 30 days after receipt of payment • Identify retainage option(s) from§26.29(b) recipient selected • Decline to hold retainage from primes, prohibit primes from holding retainage from subs • Decline to hold retainage from primes, require primes to pay retainage to subs within 30 days if sub’s work is satisfactorily completed • Hold retainage from primes, provide for prompt and regular incremental acceptances of portions of prime contract, pay retainage to primes based thereon, and require primes to pay retainage to subs within 30 days if sub’s work is satisfactorily completed

  4. Prompt Payment – DBE Program Requirements (cont.) • Program and contract documents should state what constitutes satisfactory completion, defined in§26.29(c) • Satisfactory completion of a subcontractor’s work should also be identically defined in the prime’s contract with the recipient • FAA recipients must use the partial payment language from Section 90-06 of FAA Advisory Circular 150/5370-10G • Identify dispute resolution mechanisms

  5. Prompt Payment Template • Available Online, DBE Program Best Practices • https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise/dbe-program-best-practices • Contains examples of Monitoring, Dispute Resolution Mechanisms, Enforcement Measures, etc.

  6. Prompt Payment Monitoring • Monitor prompt payment actively • Website, automated system, manual practices are all acceptable, but prompt pay must be monitored • Includes monitoring release of retainage • Same authority as monitoring for other program compliance (§26.37) • Do not rely on complaints

  7. Complaint Reporting • Section 157 of the 2018 FAA reauthorization (Public Law No. 115-254) • Airport sponsors must track and report subcontractors’ allegations of non-compliance • FAA is required to assess and improve airport sponsor compliance based on analysis of reports received

  8. Complaint Reporting (cont’d) • Report complaints and related data directly to FAA at the following URL: https://www.surveymonkey.com/r/PromptPaymentComplaints • Report questions are previewed in the following slides

  9. Screen Shot 1

  10. Screen Shot 2

  11. Screen Shot 3

  12. Complaint Reporting (cont. . .) • Report complete details • Reporting a complaint is an opportunity to review your own processes

  13. Additional Resources • Official USDOT DBE Program Q&A: • Official Questions and Answers: • https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise/official-questions-and-answers-qas-disadvantaged • Prompt Payment Sample Template: • https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise/prompt-payment-section-sample-template

  14. Additional Resources Cont’d • Your Operating Administration’s Civil Rights Contact • FAA: https://www.faa.gov/about/office_org/headquarters_offices/acr/bus_ent_program/media/faa_dbe_staff.pdf • FHWA: https://www.fhwa.dot.gov/civilrights/overview/crpersons.cfm • FTA: Your Regional Civil Rights Officer (RCRO) or Contact Us at https://ftawebprod.fta.dot.gov/ContactUsTool/Public/NewRequest.aspx. • Make sure to select “Civil Rights & Accessibility” as the dropdown Category

  15. Questions & Answers

  16. Federal Aviation AdministrationOffice of CivilRightshttp://www.faa.gov/about/office_org/headquarters_offices/acr

More Related